Define: Successive Tortfeasors

Successive Tortfeasors
Successive Tortfeasors
Quick Summary of Successive Tortfeasors

Definition:

Successive tortfeasors are individuals or parties who commit a wrongful act or negligence that leads to harm or injury to another person, following a previous tortfeasor who has already caused harm. In simpler terms, they are individuals who cause harm to someone else after someone else has already caused harm.

Full Definition Of Successive Tortfeasors

Successive tortfeasors are individuals or entities who commit a series of events that result in harm or injury to another person or entity. A tortfeasor is someone who commits a civil wrong, causing harm or injury to another person or entity. For instance, if a person is injured in a car accident caused by a driver who was texting while driving, the driver is the initial tortfeasor. However, if the injured person is further harmed by the negligence of the emergency medical technicians who respond to the accident, the emergency medical technicians become successive tortfeasors. Another example is if a person slips and falls on a wet floor in a grocery store due to the store’s negligence in not putting up a warning sign. If the injured person is then additionally injured by the negligence of the ambulance driver who transports them to the hospital, the ambulance driver becomes a successive tortfeasor. These examples demonstrate how successive tortfeasors can contribute to the harm or injury of another person or entity, even if they were not the initial cause of the harm or injury.

Successive Tortfeasors FAQ'S

A successive tortfeasor refers to a person or entity who commits a tort (a civil wrong) after another person or entity has already committed a tort.

Yes, a successive tortfeasor can be held liable for damages if their actions contribute to the harm suffered by the victim. They may be held jointly and severally liable with the original tortfeasor.

A primary tortfeasor is the person or entity who initially commits the tort, while a successive tortfeasor is someone who commits a tort after the primary tortfeasor.

Yes, a victim can sue both the primary and successive tortfeasors in order to seek compensation for their injuries and damages.

Liability between primary and successive tortfeasors is typically determined based on the degree of fault or contribution to the harm. Each tortfeasor may be held responsible for their proportionate share of the damages.

Yes, a successive tortfeasor can still be held liable for their own actions, regardless of the financial situation of the primary tortfeasor. The victim may be able to recover damages from the successive tortfeasor if they are found to be at fault.

Yes, a successive tortfeasor can still be held liable even if the victim has already settled with the primary tortfeasor. The victim may pursue a separate claim against the successive tortfeasor for their own contribution to the harm.

Yes, a successive tortfeasor may seek contribution from the primary tortfeasor if they believe that the primary tortfeasor should share in the liability for the damages.

Yes, a successive tortfeasor can still be held liable if their actions worsened the victim’s injuries. They may be responsible for the additional harm caused by their own actions.

Yes, a successive tortfeasor can still be held liable even if the victim was partially at fault. The concept of comparative negligence may be applied, where the damages are apportioned based on the degree of fault of each party involved.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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